Supreme Court Term 2023-2024
We’re breaking down the cases we've asked the court to consider this term.
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Ongoing
Updated December 11, 2024
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Updated November 20, 2024
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Updated November 4, 2024
Ongoing
Updated October 31, 2024
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Georgia
Nov 2024
Voting Rights
Ayota v. Fall
On October 31, 2024, just five days before the November 5 General Election, Cobb County announced that it had failed to send more than 3,000 absentee ballots to Cobb County voters who had timely requested them. Many of these voters are at school hundreds of miles away or have disabilities that make it all but impossible to vote in person. The ACLU and co-counsel sued on behalf of affected voters to ensure that they would not be disenfranchised because of the County's administrative error.
U.S. Supreme Court
Oct 2024
Voting Rights
Republican National Committee v. Genser
Voters in Butler County, Pennsylvania made a mistake in voting their mail ballots in the April 2024 primary election, forgetting to use the required secrecy envelope. Because their mail ballots could not be counted, they went to the polls in Election Day and voted provisional ballots. The County later determined that it would not count their provisional ballots, and the voter’s appealed, arguing that Pennsylvania law requires that when an eligible voter attempts to vote by mail but the mail ballot is rendered void due to some defect like lacking a secrecy envelope, the eligible voter may cast a provisional ballot and have that ballot counted notwithstanding the failed attempt to vote by mail.
Georgia
Oct 2024
Voting Rights
Eternal Vigilance Action, Inc. v. Georgia
The ACLU and partner organizations have sought to intervene in this case to represent the rights of voters and voting-rights organizations in a case challenging a number of rules passed by the Georgia State Election Board. We challenge a rule that requires that the number of votes cast be hand counted at the polling place prior to the tabulation of votes. This rule risks delay and spoliation of ballots, putting in danger voters’ rights to have their votes count.
Texas
Oct 2024
Voting Rights
OCA-Greater Houston v. Paxton
Texas has growing Hispanic and Black populations that helped propel record voter turnout in the November 2020 election. The Texas Legislature responded to this increased civic participation with an omnibus election bill titled Senate Bill 1—SB 1 for short—that targeted election practices that made voting more accessible to traditionally marginalized voters like voters of color, voters with disabilities, and voters with limited English proficiency. Since 2021, SB 1 has resulted in tens of thousands of lawful votes being rejected, and it remains a threat to democracy in Texas.
Michigan
Sep 2024
Voting Rights
ACLU of Michigan v. Froman
Michigan requires boards of county canvassers to certify the results of an election within 14 days after the election based on the total number of votes reported from each location. The law doesn't allow them to withhold certification. Kalamazoo Board of County Canvassers member, Robert Froman, has made clear that he would decline to certify the November 2024 election under certain circumstances. This lawsuit asks the state's courts to make clear that Mr. Froman is duty bound to certify the election based on the number of votes reported.
Ohio
Sep 2024
Reproductive Freedom
Planned Parenthood Southwest Ohio Region et al., v. Ohio Department of Health, et al.
The American Civil Liberties Union, the ACLU of Ohio, Planned Parenthood Federation of America, the law firm WilmerHale, and Fanon Rucker of the Cochran Law Firm, on behalf of Planned Parenthood Southwest Ohio Region, Planned Parenthood of Greater Ohio, Preterm-Cleveland, Women’s Med Group Professional Corporation, Dr. Sharon Liner, and Julia Quinn, MSN, BSN, amended a complaint in an existing lawsuit against a ban on telehealth medication abortion services to bring new claims under the Ohio Reproductive Freedom Amendment, including additional challenges to other laws in Ohio that restrict access to medication abortion in the state.
U.S. Supreme Court
Sep 2024
Voting Rights
Callais v. Landry
Whether the congressional map Louisiana adopted to cure a Voting Rights Act violation in Robinson v. Ardoin is itself unlawful as a gerrymander.
Ohio
Jul 2024
Voting Rights
League of Women Voters of Ohio v. LaRose
In Ohio, HB 458 makes it a felony for any person who is not an election official or mail carrier to return an absentee voter's ballot—including voters with disabilities—unless the person assisting falls within an unduly narrow list of relatives. We are challenging the law because it violates Section 208 of the Voting Rights Act (VRA) and the American with Disabilities Act (ADA) by making it exceedingly difficult for voters with disabilities to cast their ballots.
U.S. Supreme Court
Apr 2024
Reproductive Freedom
Idaho and Moyle, et al. v. United States
Idaho and Moyle, et al. v. United States was appealed to the U.S. Supreme Court by Idaho politicians seeking to disregard a federal statute — the Emergency Medical Treatment and Labor Act (EMTALA) — and put doctors in jail for providing pregnant patients necessary emergency medical care. The Supreme Court heard oral arguments on this case on April 24, 2024. The Court’s ultimate decision will impact access to this essential care across the country.
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1,507 Court Cases
Arizona
Nov 2024
Voting Rights
American Civil Liberties Union of Arizona v. Richer
We sued elections officials in Arizona to extend the mail ballot “cure” deadline after ballot processing delays threatened to disenfranchise thousands of voters without notice.
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Arizona
Nov 2024
Voting Rights
American Civil Liberties Union of Arizona v. Richer
We sued elections officials in Arizona to extend the mail ballot “cure” deadline after ballot processing delays threatened to disenfranchise thousands of voters without notice.
South Carolina Supreme Court
Nov 2024
Reproductive Freedom
Planned Parenthood South Atlantic v. Wilson
This case in the South Carolina Supreme Court involves the question whether a ban on abortion, the “2023 Fetal Heartbeat Act,” forbids abortion starting after approximately nine weeks of pregnancy or, as the state contends, earlier at six weeks of pregnancy, before many people even know they are pregnant. This case is the third state supreme court proceeding in South Carolina involving a post-Dobbs challenge to an abortion ban. The outcome will substantially affect access to reproductive care in the state.
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South Carolina Supreme Court
Nov 2024
Reproductive Freedom
Planned Parenthood South Atlantic v. Wilson
This case in the South Carolina Supreme Court involves the question whether a ban on abortion, the “2023 Fetal Heartbeat Act,” forbids abortion starting after approximately nine weeks of pregnancy or, as the state contends, earlier at six weeks of pregnancy, before many people even know they are pregnant. This case is the third state supreme court proceeding in South Carolina involving a post-Dobbs challenge to an abortion ban. The outcome will substantially affect access to reproductive care in the state.
Pennsylvania Supreme Court
Nov 2024
Criminal Law Reform
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
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Pennsylvania Supreme Court
Nov 2024
Criminal Law Reform
Commonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.
U.S. Supreme Court
Nov 2024
National Security
Connell v. CIA – FOIA Lawsuit Seeking Records About CIA “Operational Control” Over a Detention Facility at Guantánamo Bay
The CIA has refused to disclose whether it has records about its operational control over Camp VII, a detention facility at Guantánamo Bay. Given the extensive public record about the CIA’s connection to Camp VII, its refusal to acknowledge that it has responsive records both violates the law and defies common sense. At stake is whether the court will reject the CIA’s version of official secrecy and call out its fiction of deniability or whether it will allow that fiction to stand.
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U.S. Supreme Court
Nov 2024
National Security
Connell v. CIA – FOIA Lawsuit Seeking Records About CIA “Operational Control” Over a Detention Facility at Guantánamo Bay
The CIA has refused to disclose whether it has records about its operational control over Camp VII, a detention facility at Guantánamo Bay. Given the extensive public record about the CIA’s connection to Camp VII, its refusal to acknowledge that it has responsive records both violates the law and defies common sense. At stake is whether the court will reject the CIA’s version of official secrecy and call out its fiction of deniability or whether it will allow that fiction to stand.
Iowa
Nov 2024
Voting Rights
Selcuk v. Pate
Just two weeks out from the November 2024 presidential election, Iowa Secretary of State Paul Pate issued a directive to county clerks to challenge more than 2,000 voters at the polls on Election Day and force them to vote a provisional ballot that will count only if the voter can prove their citizenship.
The Secretary’s list of more than 2,000 voters does not adequately account for Iowans who have recently become U.S. citizens through naturalization, and thus risks disenfranchising scores of eligible voters based on national origin. The Secretary’s eleventh-hour gambit violates several provisions of the U.S. Constitution and federal law, and we have thus filed emergency suit to enjoin the directive.
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Iowa
Nov 2024
Voting Rights
Selcuk v. Pate
Just two weeks out from the November 2024 presidential election, Iowa Secretary of State Paul Pate issued a directive to county clerks to challenge more than 2,000 voters at the polls on Election Day and force them to vote a provisional ballot that will count only if the voter can prove their citizenship.
The Secretary’s list of more than 2,000 voters does not adequately account for Iowans who have recently become U.S. citizens through naturalization, and thus risks disenfranchising scores of eligible voters based on national origin. The Secretary’s eleventh-hour gambit violates several provisions of the U.S. Constitution and federal law, and we have thus filed emergency suit to enjoin the directive.